Original Notice.

     Preproposal statement of inquiry was filed as WSR 12-17-020.

     Title of Rule and Other Identifying Information: WAC 260-32-370 Apprentice jockeys.

     Hearing Location(s): Auburn City Council Chambers, 25 West Main, Auburn, WA 98002, on January 11, 2013, at 9:30 a.m.

     Date of Intended Adoption: January 11, 2013.

     Submit Written Comments to: Douglas L. Moore, 6326 Martin Way, Suite 209, Olympia, WA 98516-5578, e-mail doug.moore@whrc.state.wa.us, fax (360) 459-6461, by January 8, 2013.

     Assistance for Persons with Disabilities: Contact Patty Sorby by January 8, 2013, TTY (360) 459-6462.

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Allows a trainer to utilize an apprentice jockey and not take the allowed weight allowance.

     Reasons Supporting Proposal: Requested by the Jockey's Guild and supported by the regulated entities, allows an apprentice jockey to "name on" a horse at entry time without declaring the apprentice allowance but maintain the rights to the allowance.

     Statutory Authority for Adoption: RCW 67.16.020.

     Rule is not necessitated by federal law, federal or state court decision.

     Name of Proponent: [No information supplied by agency], governmental.

     Name of Agency Personnel Responsible for Drafting: Douglas L. Moore, 6326 Martin Way, Suite 209, Olympia, WA 98516-5578, (360) 459-6462; Implementation and Enforcement: Robert J. Lopez, 6326 Martin Way, Suite 209, Olympia, WA 98516-5578, (360) 459-6462.

     No small business economic impact statement has been prepared under chapter 19.85 RCW. Not applicable.

     A cost-benefit analysis is not required under RCW 34.05.328. Not applicable.

November 28, 2012

Douglas L. Moore

Deputy Secretary

OTS-5174.2

AMENDATORY SECTION(Amending WSR 12-03-076, filed 1/13/12, effective 2/13/12)

WAC 260-32-370   Apprentice jockeys.   (1) An applicant for an apprentice jockey license may be prohibited from riding until the stewards or the commission has sufficient opportunity (not to exceed 14 days) to verify the applicant's previous riding experience.

     (2) An apprentice jockey may be granted an apprentice certificate by the board of stewards. The apprentice certificate will grant an apprentice all the allowances and conditions stated in these rules.

     (3) An apprentice jockey ((eligible for a ten-pound allowance)) that has ridden less than five winners may not accept mounts on two year olds and first time starters, without prior approval of the board of stewards.

     (4) The conditions of an apprentice jockey license do not apply to quarter horse or mixed breed racing. A jockey's performances in quarter horse or mixed breed racing do not apply to the conditions of an apprentice jockey.

     (5) An applicant with an approved apprentice certificate from another jurisdiction may be licensed as an apprentice jockey.

     (6) An apprentice certificate may be obtained from the stewards on a form provided by the commission. A person may not receive more than one apprentice certificate. In case of emergencies, a copy of the original may be obtained from the commission where it was issued.

     (7) The apprentice jockey will be responsible to have his/her apprentice certificate with them at all times. Prior to riding, the apprentice certificate will be submitted to the clerk of scales at each racing association in which the apprentice is licensed and riding.

     (8) The apprentice jockey must keep an accurate updated record of his/her first forty winners, to be recorded on the certificate by the clerk of scales.

     (9) An apprentice jockey may claim ((the following weight allowances in all overnight races except stakes and handicaps:

     (a) Ten pound allowance beginning with the first mount and continuing until the apprentice has ridden five winners:

     (b) Seven pound allowance until the apprentice has ridden an additional thirty-five winners; and

     (c) If an apprentice has ridden a total of forty winners prior to the end of a period of one year from the date of riding their fifth winner, the apprentice jockey will have an allowance of five pounds until the end of that year;

     (d) If after one year from the date of the fifth winning mount, the apprentice jockey has not ridden forty winners, the applicable weight allowance will continue for one more year or until the 40th winner, whichever comes first. In no event may a weight allowance be claimed for more than two years from the date of the fifth winning mount, unless an extension has been granted.

     (e) An apprentice may waive any or all of the above weight allowances, but may not be eligible to reinstate any of the allowances once voluntarily waived.

     (f) An apprentice may be named as a replacement rider on a mount entered without the apprentice weight allowance only after entries have been drawn at which time the apprentice allowance will not be deemed to have been voluntarily waived)) a five-pound allowance beginning with his/her first mount and for one full year from the date of his/her fifth winning mount. If after riding one year from the date of his/her fifth winning mount, the apprentice jockey has failed to ride a total of forty winners he/she may continue to ride with a five-pound weight allowance for one additional year from the date of his/her fifth winner or until he/she has ridden forty winners, whichever comes first.

     (a) Apprentice allowances may be waived at the time of entry by the owner, trainer, or authorized agent.

     (b) Apprentice allowances may not be claimed in stakes and handicap races.

     (10) The commission may extend the period in which an apprentice jockey is allowed a weight allowance when, at the discretion of the commission, an apprentice jockey is unable to continue riding due to:

     (a) Physical disablement or illness;

     (b) Military service;

     (c) Attendance in an institution of secondary or higher education;

     (d) Restriction on racing;

     (e) Other valid reasons.

     (11) In order to qualify for an extension, an apprentice jockey must have been rendered unable to ride for a period of not less than seven consecutive days during the period in which the apprentice was entitled to an apprentice weight allowance.

     (12) The commission currently licensing the apprentice jockey will have the authority to grant an extension to an eligible applicant, but only after the apprentice has produced documentation, verifying time lost as defined by this regulation.

     (13) An apprentice may petition the jurisdictions in which he or she is licensed and riding for an extension of the time for claiming apprentice weight allowances granted by the commission, and the apprentice will be bound by the decision of the jurisdiction so petitioned.

[Statutory Authority: RCW 67.16.020. 12-03-076, § 260-32-370, filed 1/13/12, effective 2/13/12. Statutory Authority: RCW 67.16.020 and 67.16.040. 06-07-065, § 260-32-370, filed 3/10/06, effective 4/10/06. Statutory Authority: RCW 67.16.040. 98-01-146, § 260-32-370, filed 12/19/97, effective 1/19/98.]